PROCEDURE-COURT

Termination Notice Failed to State Tenant Received Section 8 Subsidy

August 28, 2024    

Landlord sued to evict tenant based on termination of the lease term through a 90-day termination notice. Tenant asked the court to dismiss the case without a trial because landlord failed to comply with termination...

Landlord Failed to Serve VAWA Notice

August 28, 2024    

Landlord sued to evict a month-to-month tenant after serving a 90-day termination notice. Tenant had a federal Section 8 housing subsidy administered by NYCHA under the Section 8 Housing Choice Voucher Program (HCV...

Tenants Can Pursue Class Action Against Landlord for Improper Deregulation, Overcharge

July 26, 2024    

Apartment building tenants sued landlord in 2018 for a declaration that they were rent stabilized and for refund of rent overcharges. The tenants asked the court to certify building tenants as a class based on their...

No Contempt of Court Where Court Order Didn't List Any Violations or Deadlines

July 26, 2024    

Landlord sued to evict tenant for nonpayment of rent. In March 2023, the parties signed a settlement agreement in court by which tenant agreed to pay back rent after landlord made certain repairs. In July 2023,...

Court Grants Tenant Discovery Where Tenant Claims Landlord Engaged in Fraudulent Scheme

July 25, 2024    

Landlord sued to evict tenants and claimed that the apartment had been high-rent vacancy deregulated. Tenants claimed that they were rent stabilized and asked the court for permission to conduct pre-trial ...

Nonpayment Proceeding Dismissed Due to Defective Rent Demand

June 26, 2024    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case. The court ruled for tenant, finding that landlord's predicate rent demand consisted of a rent ledger that...

Court Rescinds Administrative Order Requiring Special Notice in Eviction Cases During Pandemic

June 26, 2024    

On April 3, 2024, the Chief Administrative Judge of the Courts of New York issued Administrative Order Number 143 of 2024, which rescinded a number of prior administrative orders issued during 2020 and 2021 to...

Landlord Can't Claim Rent-Stabilized Tenant Is Mere Licensee

June 26, 2024    

Landlord sued to evict apartment occupant after serving a 10-day notice to quit, even though the occupant had moved into the apartment under a fully executed one-year rent-stabilized lease. Landlord claimed that...

Five Days Must Be Added to 14-Day Rent Demand to Allow for Service by Nail-and-Mail

June 25, 2024    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case, claiming that landlord's rent demand didn't provide sufficient notice. The court ruled for tenant. The 14-day...

Eviction Case Against Occupants Dismissed for Failure to Name Tenant's Estate as Party

June 25, 2024    

Landlord sued to evict "John Doe" and "Jane Doe," who occupied tenant's apartment after tenant died. The occupants asked the court to dismiss the case because it hadn't named the tenant...

Landlord Fined $5,000 for Commencing Frivolous Eviction Proceeding Against Tenant

June 25, 2024    

Landlord sued to evict tenant for nonpayment of rent in the amount of $248 and obtained a default judgment against tenant. Tenant then asked the court to vacate the default judgment, dismiss the case, and sanction...

Building's C of O Didn't Reflect Conversion to Class A Multiple Dwelling

May 24, 2024    

Landlord sued to evict tenant for nonpayment of rent, claiming that tenant owed back rent of $13,800. The court ruled for landlord based on tenant's default, but the parties agreed to reopen the case after tenant...